Jane B. Oliver and Robert P. Oliver - Page 43

                                         43-  -                                        
          opinion 489 F.2d 752 (2d Cir 1974).  Section 262 provides that no           
          deduction shall be allowed for personal expenses.                           
               First, petitioners contend that they are entitled to a                 
          deduction for 1990 of a $10,370.80 legal fee paid to an attorney            
          in 1989 for representing Mrs. Oliver in a criminal case which               
          arose out of her bookkeeping business.                                      
               Respondent does not question that the legal fee is a                   
          properly deductible business expense under section 162(a).  See             
          Commissioner v. Tellier, 383 U.S. 687 (1966), which allowed a               
          deduction under section 162(a) for amounts the taxpayer spent in            
          defense of criminal charges which arose out of his business.                
          Respondent contends, however, that because petitioners are cash             
          method taxpayers, the amount was deductible only in 1989 when it            
          was paid.                                                                   
               Section 461(a) provides that deductions shall be taken for             
          the taxable year which is the proper taxable year under the                 
          method of accounting used in computing taxable income.  Section             
          1.461-1(a)(1), Income Tax Regs., provides that under the cash               
          method of accounting, amounts representing allowable deductions             
          shall generally be deducted in the taxable year in which such               
          amounts are paid.                                                           
              Petitioners argue that, even though the legal expenses were            
          paid in 1989, they were not incurred until 1990, which is the               
          year in which the legal services were performed, and thus they              
          should be allowed a deduction in 1990.  They offered no evidence            




Page:  Previous  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  Next

Last modified: May 25, 2011